JUDGMENT

1. This hearing has been done through hybrid mode.

Brief Facts

2. The present appeal was originally filed before the IPAB in the year 2020 and transferred to this Court upon the enactment of the Tribunals Reforms Act, 2021. Vide order sheet dated 14th September, 2020, notice was issued in this appeal in the proceedings before the IPAB. Thereafter, notice has also been issued by this Court vide order dated 23rd November, 2022.

3. The present appeal, has been filed under Section 117A of the Patents Act, 1970 (hereinafter ‘the Act’) by the Appellant- Raytheon Company challenging the impugned order dated 17th October, 2019 by which the Appellant’s application for grant of a patent has been refused by the ld. Assistant Controller of Patents and Designs (hereinafter ‘Controller’) under Section 15 of the Act. The patent application of the Appellant bearing application number 4075/DELNP/2007 titled ‘Scheduling in a High- Performance Computing System’ (hereinafter ‘subject patent’) has been refused by the ld. Assistant Controller of Patents and Designs under Section

15 of the Act.

4. The subject patent was filed before the Indian Patent Office on 30th May, 2007 as a PCT national phase a